Lanier v. Smyth

Court of Appeals of South Carolina

Lanier v. Smyth

18 S.C.L. 359

DecidedMay 15, 1831

StatusPublished

This text of 18 S.C.L. 359 (Lanier v. Smyth) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lanier v. Smyth, 18 S.C.L. 359 (S.C. Ct. App. 1831).

Pincite

Opinion

Johnson, J.

If the defendant appear, the plaintiff must file a declaration ; otherwise upon the return of scire feci, or two successive returns of nihil, he is intitled to sign judgment immediately. 2 Tidds’ Pr. 1040. Com. Dig. Pleader, 3 L. 8, 9. in practice the cases are sometimes placed on the docket, and orders for reviving judgment are made as of course ; but no useful purpose is answered by it, and it is quite unnecessary.

O’Neall, J. and Harper, J. concurred.

Motion to reverse the decision of Mr. Justice Earle, at Lancaster, Spring Term, 1831, refused.

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Johnson, J.

If the defendant appear, the plaintiff must file a declaration ; otherwise upon the return of scire feci, or two successive returns of nihil, he is intitled to sign judgment immediately. 2 Tidds’ Pr. 1040. Com. Dig. Pleader, 3 L. 8, 9. in practice the cases are sometimes placed on the docket, and orders for reviving judgment are made as of course ; but no useful purpose is answered by it, and it is quite unnecessary.

O’Neall, J. and Harper, J. concurred.

Motion to reverse the decision of Mr. Justice Earle, at Lancaster, Spring Term, 1831, refused.

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Bluebook (online)

18 S.C.L. 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lanier-v-smyth-scctapp-1831.